KABLA SINGH Vs. KAILASH KUMARI

JUDGEMENT

(1.) In the instant appeal, challenge is thrown to award dtd. 13/11/2006 passed by the Motor Accident Claims Tribunal, Udhampur (hereinafter referred to as the "Tribunal") in claim titled as, "Kailash Kumari and ors. Vs. the Branch Manager and ors."

(2.) The facts emerging from the instant appeal would reveal that the respondents herein filed a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 (for short the, "Act"), claiming compensation therein in respect of death of one Birbal Sharma (the husband of respondent 1 and father of respondents 2 and 3) having died in a vehicular accident on 9/10/1998. Besides impleading the Insurance Company-respondent 4 herein as party respondent 1 in the claim petition, the present appellant came to be impleaded as respondent 2 as the owner of the Scooter being driven by respondent 2 with the deceased as a pillion rider thereon.

(3.) In response to the notice issued by the Tribunal in the claim petition, the respondent being appellant and respondent 4 herein entered their appearance and contested the claim petition. The respondent 1-Insurance Company in the claim petition, inter-alia, stated in its objections that the driver of the offending vehicle was not possessed of a valid driving licence at the time of alleged accident and, as such, not liable to indemnify the insured. It came to be further stated by the Insurance Company in its objections by way of preliminary objections that the deceased was travelling as a pillion rider on the offending vehicle and the risk of pillion rider is not covered under the insurance policy, as such, it is not liable to indemnify the insured on account of death of the pillion rider.